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High Court of Karnataka Allows Appointment of Arbitrator in Construction Dispute — Arbitration Clause Survives Despite Completion of Work. Clause 21 of Agreement dated 05/09/1988 constitutes valid arbitration agreement under Section 11(6) of Arbitration and Conciliation Act, 1996....

The petitioners, Srinivasa Construction (a registered partnership firm) and its partners, filed a petition under Section 11(5) and (6) of the Arbitration and Conciliation Act, 1996, seeking appointmen...

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High Court of Karnataka Quashes Criminal Proceedings in Cheating Case Due to Civil Nature of Dispute — Section 482 CrPC Petition Allowed. Dispute over sale agreement and possession held to be civil in nature, not constituting criminal offences under Sections 415 and 420 IPC....

The petitioner, B.C. Suresha, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking to quash the entire proceedings in C.C. No.1214/2015 pending before the...

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Bombay High Court Acquits Accused in Attempt to Murder Case Due to Inconsistent Evidence and Doubtful Identification. Conviction under Section 307 IPC Set Aside as Prosecution Failed to Prove Guilt Beyond Reasonable Doubt....

The case pertains to an appeal filed by original accused No.1 Mohammad Hanif and accused No.2 Akbar Khan against their conviction under Section 307 read with Section 34 of the Indian Penal Code, 1860 ...

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Bombay High Court Upholds Acquittal in SC/ST Act Case Due to Lack of Public View Element. Caste-Based Insult Allegation Fails as Incident Occurred in Private Setting, Not in Public View Under Section 3(1)(x) of SC & ST (Prevention of Atrocities) Act, 1989....

The State of Maharashtra filed a criminal appeal against the acquittal of four accused persons (Yuvraj Yesaji Jodgan, Arun Ramu Gavali, Pundlik Ramchandra Gavali, and Dagadu Bajirao Gavali) by the tri...

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Bombay High Court Allows Discharge of Accused in Abetment of Suicide Case for Lack of Prima Facie Evidence. Petitioner, as Society President, Not Shown to Have Instigated or Aided Suicide of Deceased Teacher Under Section 306 IPC....

The petitioner, Dr. Dashrath Bhande, was the President of a society that ran a school. The HeadMaster of the school, Subhash Dayaram Shriwas, was accused No.1, and the petitioner was accused No.2. A c...

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Bombay High Court Acquits Accused in Murder Case Based on Circumstantial Evidence — Last Seen Theory and Discovery of Weapon Found Insufficient. Court Holds That Incomplete Chain of Circumstances and Failure to Prove Motive Beyond Reasonable Doubt Entitle Accused to Benefit of Doubt Under Section 302 IPC....

The case involves three appellants, Mangesh, Suresh, and Homdeo, who were convicted by the Sessions Judge, Washim for the murder of Amol under Section 302 read with Section 34 IPC. The prosecution's c...

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Bombay High Court Allows Minority Institutions' Proposals for Primary Schools - RTE Act Inapplicable to Minority Unaided Institutions. Proposals rejected based on Government Circular dated 30 August 2013 citing RTE Act, 2009, but Supreme Court in Pramati Educational and Cultural Trust held RTE Act does not apply to minority institutions....

The petitioners, including a federation of minority education institutions and several individual institutions, challenged the rejection of their proposals to start minority unaided primary English sc...

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Bombay High Court Grants Interim Injunction in Trademark Infringement Suit by 'VOGUE' Magazine Owner Against 'JUST IN VOGUE' Retail Services. Well-Known Mark 'VOGUE' Protected Against Use for Dissimilar Services Under Section 29(4) of Trade Marks Act, 1999....

The Plaintiffs, Advance Magazine Publishers, Inc. and its subsidiary, are the proprietors and users of the trademark 'VOGUE' in respect of magazines and publications since 1892. The mark is registered...

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High Court of Judicature at Bombay Dismisses Objections to Maintainability and Limitation in Suit for Recovery of Trust Property. Civil Court Jurisdiction Not Ousted Under Maharashtra Public Trusts Act, 1950; Suit for Recovery of Shares by Public Charitable Trusts Not Barred by Limitation....

The case concerned a notice of motion taken out by two public charitable trusts, the J.V. Gokal Charity Trust and Shree Krishna Foundation, against Contrex Pvt. Ltd., its directors, executors, and leg...